The post–Godhra carnage in Gujarat was an organised crime
perpetrated by the state’s chief minister and his government. The state’s
complicity is evident from the various acts of commission and omission of the
government and its officials.

It was the chief minister who declared that the Godhra
incident was pre–planned when the investigating agencies had not reached such
a conclusion. Shri Modi’s cabinet, notably the minister for home, Shri Gordhan
Zadaphiya, reiterated strongly that Pakistani hands were behind the Godhra
act. These statements were irresponsible, given the sensitivity of the
situation and the anger that they generated. Once they generated a climate
ripe for apportioning blame, for the acts of a few criminals, the entire
Ghanchi Muslim community of Godhra was branded. This led to a feeling of
justifying the systematic massacre, plunder, loot and cultural decimation of
the entire Muslim community in Gujarat thereafter.

It was the chief minister who decided that the charred,
unidentifiable dead bodies be taken from Godhra to Ahmedabad in a motor
cavalcade. As the cavalcade headed for Ahmedabad, senior members of his party
and organisations affiliated to it shouted slogans and incited mobs to
retaliate. The CM’s role in condoning this behaviour, and in using official
machinery to propagate the unsubstantiated view that the Godhra tragedy was a
sinister conspiracy, is condemnable.

The VHP gave a call for a Gujarat Bandh on February
28 and for a Bharat Bandh on March 1. The Gujarat BJP president, Shri
Rajendrasinh Rana, was quick to announce the state BJP’s support for both the
bandh calls. The state government’s reluctance to take adequate steps
in the wake of the proposed bandhs amounted to an abdication of all its
responsibilities and an open invitation to anarchy.

Shri Modi played an active role, along with at least three
cabinet colleagues, in instructing senior police personnel and civil
administrators that a "Hindu reaction was to be expected and this must not be
curtailed or controlled."

On the evening of February 27, two cabinet colleagues of
the chief minister, Shri Ashok Bhatt and Shri Pratap Singh Chauhan, met at
Lunavada in Panchmahal district along with others. In this meeting, the manner
and methods of unleashing violence on Muslims were planned in detail.

It is clearfrom what happened in Ahmedabad and its
environs on February 28 and all over the state on March 1–3 and thereafter,
that there was deliberate connivance and support of the government.

The sectarian approach of the government and the inaction
on the part of the administration allowed the violence to spread. According to
dozens of testimonies before the Tribunal, even some ministers of the Gujarat
government led the carnage and rapes, in many cases. The CM did not take
adequate preventive measures, nor did he keep the army on stand–by. Though the
situation was grim, and tension was at its peak, Shri Modi falsely claimed on
March 2 (Newshour, Star News, 2/03/2002): "Gujarat mein bahut tezi
se shanti prasthapit ho rahi hai, normalcy aa rahi hai… Ahmedabad ek prakar se
kal raat ke baad, puri taraha incident-free raha hai." ("Gujarat is well
on the road to peace and normalcy is slowly returning here… Ahmedabad too has
been largely peaceful since last night.").

This, while the attacks in Panchmahal district, Mehsana,
Kheda, Nadiad, Bhavnagar — which included hacking, lynching and burning alive
of people — continued. This was done deliberately to mislead the rest of the
country and the world, though what was going on in Gujarat was clear to the
whole world through the print media, radio and TV.

Shri Modi claimed on March 3 (Talking Heads, Star News,
3/03/2002), that the Army was called for on the evening of February 28, and
joined duty from the morning of March 1. Although 12 columns of the Army
(approximately 600 troops) had reached Ahmedabad and other sensitive areas on
March 1, they were kept on standby. Military intelligence puts the blame on
the state government.

Electoral constituencies of ministers in the state cabinet
were more prone to violence; in some cases, ministers themselves were leading
the mobs. It may not be a mere coincidence that Bapunagar, the constituency of
the home minister , Shri Gordhan Zadaphiya, witnessed one of the worst
communal scenes since the 1969 riots, when the area was the hardest hit. Some
of the senior BJP leaders and ministers in Shri Modi’s cabinet were also
alleged to have participated in the destruction of minority places of worship.

Minister for revenue, Shri Haren Pandya and health
minister, Shri Ashok Bhatt led the mobs enthusiastically in Ahmedabad. Shri
Bharat Barot, a sitting MLA, was also at the forefront. Residents of Paldi,
from where Shri Pandya was elected, actually saw him lead arson attacks. Shri
Pandya’s election promise the last time was "to wipe any trace of Muslims out
of Paldi." Smt. Maya Kotdani, an MLA, has also been named by a few dozen
witnesses as an active participant in the violence. Gujarat ministers Shri
Nitin Patel and Shri Narayan Laloo Patel led violence, arson and even sexual
violence against women in Kadi and Unja in Mehsana respectively.

The utter disregard for the loss of life and property and
the anguish that a section of the citizenry suffered due to unprecedented
violence could be seen in the fact that until Prime Minister Shri Atal Behari
Vajpayee flew into Ahmedabad and visited the Shah–e–Alam Camp, Shri Modi had
not visited a single one. This, despite the fact that there were as many as
66,000 persons, according to collector’s figures, huddled in camps in
Ahmedabad, while independent assessments put the figure at close to 98,000.

Instead of providing succour and assistance, which is the
fundamental duty of a government towards its citizens, terror tactics through
lathi–wielding policemen were employed with the residents of these
camps. In areas of Gujarat outside Ahmedabad, too, there were as many as
60,000 persons internally displaced, living in terrible conditions. But the
government and the administration did precious little to give them prompt and
adequate relief.

The attitude of the government showed it had no regard for
the life, well–being and future of students from the minority community.
Traumatised and distressed students had requested a postponement of the annual
examinations. But the state government, and later even the Gujarat High Court,
rejected their plea. On April 10, the Gujarat government took a decision to
shift out all centres located in the minority dominated areas, out of concern
for the lives of students belonging to the majority community. However,
minority community children were still expected to travel to examination
centres located in majority dominated areas.

The CM announced Rs. 2 lakh as compensation for the
victims/survivors of the Godhra tragedy. But the compensation declared by the
CM for the survivors of the carnage that followed was Rs. 1 lakh for the
family members of each victim. (When widespread criticism was made about the
discriminatory stand of the state, the amount was equalised by reducing the
compensation to the Godhra victims’ families to Rs 1 lakh, rather than by
increasing the amount to Rs 2 lakh in all cases.)

As of now, there is no information on how many families
concerned have been paid the compensation amount. As regards the injured, the
government decided to pay compensation amounts ranging from Rs. 2,000 to Rs.
50,000. This compensation amount was decided in accordance with the norms
fixed for the victims of the earthquake on January 26, 2001, a government
notification said. Here, again, there is no statistical data offered. As
regards the destruction of homes, properties and businesses, the state
government has been perfunctory and callous in announcing compensation. There
are no clear guidelines; some have been paid paltry sums ranging from Rs. 500
to a few thousand rupees, without any proper assessment of the loss suffered.

The government of Gujarat has been utterly secretive about
the disbursal of the Rs. 150 crore promised by the Prime Minister Shri Atal
Bihari Vajpayee for rehabilitation on April 4. The chief minister, Shri
Narendra Modi, has not merely violated the spirit and the law as laid down by
the Indian Constitution. He has, in effect, blatantly defied every
constitutional institution, including that of the Prime Minister. Shri
Narendra Modi is accountable for criminal negligence of duty in failing to
provide any relief and rehabilitation to the victims of carnage in Gujarat.

On March 1, the CM announced a judicial commission of
inquiry into the Godhra tragedy alone, appointing retired judge, Shri KG Shah
at its head. Again, only after widespread protests, did he announce (March 5)
the inclusion, in the terms of reference of inquiry of the judicial
commission, of the post–Godhra carnage. The appointment of the KG Shah
Commission was the subject matter of serious controversy because of the
conduct of this particular judge in an earlier matter and also on the simple
ground that due to the situation in Gujarat, where judges, academics,
professionals and others live under threat of fanatic groups who have become a
law unto themselves, the criteria of a free, fair and independent inquiry
demands the appointment of a senior judge (preferably judges) from outside the
state. Now, the government has included Justice GT Nanavaty (former judge of
the SC) as an additional member, without specifying as to what would happen if
the two judges differ on any matter.

The terms of reference of the KG Shah Commission are also
controversial. They do not refer to the need to look into the causes of
the disturbances/events/killings as also the need to pinpoint the
groups, individuals and organisations behind the violent provocation, and also
the role of the police and the administration in controlling the spread of
riots and on the failure of the state government in taking prompt and
effective relief measures for the victims of the riots.

The RSS and the VHP control key functionaries in the state.
Chief minister Shri Modi is an RSS pracharak. Home minister Shri
Zadaphiya, is a VHP activist. Shri SS Bhandari, the governor of Gujarat, who
has not deemed it fit to send a true report on what is happening in the state
to the centre, is also an RSS leader. As a consequence of all these factors,
the Gujarat government has functioned not as a constitutionally bound,
non–partisan and independent body, but one controlled by, and answerable to,
the SanghParivar.

As a result, while the government had made certain arrests,
no arrests of Bajrang Dal/VHP and BJP workers were undertaken. The
arrest of at least 150 such accused, whose names figure in FIRs, are being
avoided by the state government.

Not only the criminal justice system, the entire
administration has failed. IAS and IPS officers who are supposed to be
independent, have succumbed to the pressure of the Sangh Parivar.
"There is no civil service left in Gujarat," said the former Indian cabinet
secretary Shri TSR Subramanian (The Indian Express, April 10). "What
has happened is something much more fundamental than Gujarat: The civil
service is gone. There is no such thing left".

Role of CM and His Ministerial Colleagues

The facts mentioned in this report clearly establish that
chief minister Shri Narendra Modi is the chief author and architect of all
that happened in Gujarat after the arson of February 27, 2002. It is amply
clear from all the evidence placed before the Tribunal that what began in
Godhra, could have, given the political will, been controlled promptly at
Godhra itself. Instead, the state government under chief minister Shri
Narendra Modi took an active part in leading and sponsoring the violence
against minorities all over Gujarat. His words and actions throughout the
developments in Gujarat show that he has been openly defying the Constitution
and indulging in actions which are positively detrimental to the interests of
the country.

Shri Modi was the one who took Godhra to the rest of
Gujarat. He was the one who directed the police and the administration not to
act. He was the one who refused to help the likes of former member of
Parliament, Shri Ahsan Jafri and the large number of people in Shri Jafri ’s
home, who were all butchered later on.

He refused shelter and succour to the victims of the
carnage. He refused, and continues to refuse, basic human amenities and was
using coercion and other tactics to wind up refugee relief camps.

He has refused to buy land and rehabilitate persons in new
locations or to give transparent accounts of the Rs. 150 crore rehabilitation
package announced by Prime Minister Shri Atal Behari Vajpayee during his visit
to the state on April 4, 2002. He has no remorse for the rapes, the
butcherings, the loss of properties, the agony of displacement and the acute
insecurity and lack of belonging felt by large numbers of the people of
Gujarat.

As late as September 3, the international working president
of the Vishwa Hindu Parishad, Shri Ashok Singhal made a shocking statement
that received wide publicity, in which he described Gujarat as a "successful
experiment" and warned that it would be repeated all over India. Shri Singhal
further stated that the success of the Gujarat exepriment lay in the fact that
entire villages were "purged" of Islam and Muslims.

This outrageous and pathetic statement was not only
anti–constitutional but also in violation of the law itself, for which he
could be prosecuted. But Shri Modi, by not expressing any outrage at Shri
Singhal’s remarks, and by indulging in blatant minority–bashing himself,
appears to have accepted Shri Singhal’s warning that whatever happened in
Gujarat was an experiment, a precursor of things to come in the rest of the
country.

He has made no secret of his hatred for the minorities, and
his utterances from time to time keep emphasising that he is still an RSS
pracharak (propagator) with a hostile attitude. His role as CM is nothing
short of an extension of his functioning as an RSS pracharak.

His ministerial colleagues have toed his line and are, therefore, equally
guilty of the commissions and omissions committed by the chief minister. These
rabid, communal, anti–national and anti–constitutional statements and conduct
on the part of the chief minister of Gujarat, Shri Narendra Modi and his
cabinet colleagues make them unfit to hold any public office. The interests of
the people of this country are not safe in their hands.